Common use of Landlord's and Tenant's Rights Clause in Contracts

Landlord's and Tenant's Rights. If all or a material portion of the Premises is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 days after the commencement of repair and a Tenant Party did not cause such Casualty, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not terminate this Lease, then (subject to Landlord's rights under section_14C)) Landlord shall repair the Premises as provided below, and Base Rental for the portion Of the Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of Casualty until the completion of the repair.

Appears in 1 contract

Samples: Lease Agreement (Greenway Technologies Inc)

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Landlord's and Tenant's Rights. If all or a material portion of the Premises ------------------------------ or the Building is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 two hundred ten (210) days after the commencement of repair and a Tenant Party did not cause such Casualty, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) 30 days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not so timely terminate this Lease, then (subject to Landlord's rights under section_14CSection 15.(c)) Landlord shall repair the Premises Building or the Premises, as the case may be, as provided below, and Base Rental Rent for the portion Of of the Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of Casualty damage until the completion of the repair, unless the gross negligence or willful misconduct of the Tenant caused such damage, in which case, Tenant shall continue to pay Rent without abatement.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Xii Lp)

Landlord's and Tenant's Rights. If all or a material ------------------------------ portion of the Premises or the Building is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 120 days after the commencement of repair and a Tenant Party did not cause such Casualtyrepair, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) 30 days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not terminate this Lease, then (subject to Landlord's rights under section_14C)Section 15.c.) Landlord shall repair the Premises Building or the Premises, as the case may be, as provided below, and Base Rental Rent for the portion Of of the Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of Casualty damage until the completion of the repair, unless Tenant caused such damage, in which case, Tenant shall continue to pay Rent without abatement.

Appears in 1 contract

Samples: Lease (Intira Corp)

Landlord's and Tenant's Rights. If all or a material portion of the Premises or the Building is damaged by Casualty such that (i) Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and either because, as a result of such Casualty, Tenant is prevented from conducting its computer operations on the second floor, or because, as a result of such Casualty, the public does not have access to the lobby area, or (ii) Landlord estimates that the damage caused thereby cannot be repaired within 180 days after the commencement of repair and a Tenant Party did not cause such Casualtyrepair, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not terminate this Lease, then (subject to Landlord's rights under section_14C)Section 14c.) Landlord shall repair the Premises Building or the Premises, as the case may be, as provided below, and Base Basic Rental for the portion Of of the Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of Casualty damage until the completion of the repair, unless Tenant caused such damage, in which case, Tenant shall continue to pay Rent without abatement.

Appears in 1 contract

Samples: Office Lease Agreement (Summit Bancshares Inc /Tx/)

Landlord's and Tenant's Rights. If all or a material portion of the Premises or the Building is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 90 days after the commencement of repair and a Tenant Party did not cause such Casualty, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) 30 days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not so timely terminate this Lease, then (subject to Landlord's rights under section_14CSection 16. (d)) Landlord shall repair the Premises Building or the Premises, as the case may be, as provided below, and Base Rental Rent for the portion Of of the Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of Casualty damage until the completion of the repair, unless a Tenant Party caused such damage, in which case, Tenant shall continue to pay Rent without abatement. Tenant shall have the right to terminate this Lease if a material Casualty occurs within the last six (6) months of the Term.

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

Landlord's and Tenant's Rights. If all or a ------------------------------ material portion of the Premises or the Building is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 one hundred eighty (180) days after the commencement of repair and a Tenant Party did not cause such Casualtyrepair, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not terminate this Lease, then (subject to Landlord's rights under section_14C)Section 15c.) Landlord shall repair the Premises Building or the Premises, as the case may be, as provided below, and Base Basic Rental and Excess Operating Expense for the portion Of of the Premises rendered untenantable untenable by the damage shall be abated on a reasonable basis from the date of Casualty damage until the completion of the repair, unless Tenant caused such damage, in which case, Tenant shall continue to pay Rent without abatement.

Appears in 1 contract

Samples: Office Building Lease Agreement (Lifeminders Com Inc)

Landlord's and Tenant's Rights. If all If, prior to the final year of the original term or the final year of any renewal term which is then in effect, a material portion of the Premises or the Building is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 120 days after the date of the commencement of repair and a Tenant Party did not cause such Casualtyrepairs, then the Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) 30 days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not terminate this Lease, then (subject to Landlord's rights under section_14C)Section 15c.) Landlord shall repair the Premises Building or the Premises, as the case may be, as provided below, and Base Basic Rental and Excess Operating Expense for the portion Of of the Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of Casualty until the completion of the repairrepairs, unless Tenant caused such damage, in which case, Tenant shall continue to pay rent without abatement.

Appears in 1 contract

Samples: Office Building Lease Agreement (Idx Systems Corp)

Landlord's and Tenant's Rights. If all or a material portion of the Premises or the Building is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 one hundred and fifty (150) days after the commencement of repair and a Tenant Party did not cause such Casualty, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not so timely terminate this Lease, then (subject to Landlord's rights under section_14CSection 17(c)) Landlord shall repair the Premises Building or the Premises, as the case may be, as provided below, and Base Rental Rent for the portion Of of the Premises rendered untenantable unusable for Tenant's purposes by the damage or repair shall be abated on a reasonable basis from the date of Casualty damage until the completion of the repair, unless a Tenant Parry caused such damage, in which case, Tenant shall continue to pay Rent without abatement.

Appears in 1 contract

Samples: Lease Amendment Agreement (Paypal Inc)

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Landlord's and Tenant's Rights. If all or a material portion of the Premises or the Complex is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 210 days after the commencement Casualty (allowing for Landlord’s relocation of the Server Room and Lab at Landlord’s sole cost and utilizing available insurance proceeds pursuant to such repair and a Tenant Party did not cause within such Casualty210 days), then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) 30 days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section acknowledges and agrees that if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not so timely terminate this Lease, then (subject to Landlord's rights under section_14CSection 15.(c)) Landlord shall repair the Premises damage referred to in the Damage Notice, as the case may be, as provided below, and Base Rental Rent for the portion Of of the Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of Casualty damage until the completion of the repair, unless a Tenant Party caused such damage, in which case, Tenant shall continue to pay Rent without abatement.

Appears in 1 contract

Samples: Office Lease Agreement (Cray Inc)

Landlord's and Tenant's Rights. If all a 50% or greater portion of the Premises or a material portion of the Premises Building is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 120 days after the commencement of repair Casualty or in the event Landlord commences repairs as hereinafter set forth and a Tenant Party did does not cause such substantially complete same within 180 days from the Casualty, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) 30 days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not so timely terminate this Lease, then (subject to Landlord's rights under section_14CSections 14.(c) and (d)) Landlord shall repair the Premises Building or the Premises, as the case may be, as provided below, and Base Rental Rent for the portion Of of the Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of Casualty damage until the completion earlier of (i) four (4) months from the date of the repairshell of the Premises being completed by Landlord and electric brought to the Premises by Landlord; or (ii) the date a Certificate of Occupancy is issued with respect to the Premises after Landlord's and Tenant's repairs have been completed (or the repair is completed and Tenant is permitted to occupy the Premises if no Certificate of Occupancy is required).

Appears in 1 contract

Samples: Lease Agreement (Palatin Technologies Inc)

Landlord's and Tenant's Rights. If all or a material portion of the Premises or the Building is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 two hundred twenty-five (225) days after the commencement of repair and a Tenant Party did not cause such Casualty, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not terminate this Lease, then (subject to Landlord's rights under section_14CSection 15.(c)) Landlord shall repair the Premises Building or the Premises, as the case may be, as provided below, and Base Rental Rent for the portion Of of the Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of Casualty damage until the completion of the repair, unless Tenant caused such damage, in which case, Tenant shall continue to pay Rent without abatement.

Appears in 1 contract

Samples: Basic Lease (Inet Technologies Inc)

Landlord's and Tenant's Rights. If all or a material portion of the ------------------------------ Premises or the Building is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within 180 240 days after the commencement of repair and a Tenant Party did not cause such Casualty, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) 30 days after the Damage Notice has been delivered to Tenant. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Section if any damage or destruction was caused by the act or neglect of Tenant, its agents or employees. If Tenant does not so timely terminate this Lease, then (subject to Landlord's rights under section_14CSection 14.(c)) Landlord shall repair the Premises Building or the Premises, as the case may be, as provided below, and Base Rental Rent for the portion Of of the Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of Casualty damage until the completion of the repair, unless a Tenant Party caused such damage, in which case, Tenant shall continue to pay Rent without abatement (except to the extent Landlord has obtained a policy of rental reimbursement insurance, and actually receives the proceeds thereof).

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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